Burden on proof to be put on those found with logs

Tuesday September 18, 2007
By MAZWIN NIK ANIS

PUTRAJAYA: Laws will soon be changed to place the burden of proof on those found in possession of logs instead of the authorities having to prove that the logs were obtained illegally.

The amendment to the National Forestry Act, to be made within the next few months, will see those suspected for carrying out illegal logging, having to prove the commodity was obtained from legal sources. Failing which, they will be deemed to have obtained the logs through illegal means.

Deputy Prime Minister Datuk Seri Najib Tun Razak said the new law would enable better prosecution of those involved in illegal logging, which does not only cause damage to the environment but also tarnishes Malaysia's image in the eyes of the world.

Najib admitted that prosecuting those who log illegally was currently difficult and even though cases were brought to court, the level of success was small.

"This is because the need for burden of proof is high. We will fare better with this fundamental shift in the law, which we believe will be a sufficient deterrent.

"We will also be using new technologies, including remote sensing to detect areas where such activities take place," he said, after chairing the National Forestry Council's 21st meeting on Tuesday.

He said illegal logging was a multi-dimensional issue as apart from it affecting the Government's policy in providing sustainable management to the environment, it also gave Malaysia a bad image.

"The country's wood industry is worth RM23bil a year and if developed countries take action against us for illegal logging activities, it will affect the economy.

"We also have to consider the transboundary issue where logs sought illegally are brought into the country either to be exported or to be used illegally by the local factories," he said, adding that between 2004 and 2006, a total of 166 illegal logging cases were recorded at permanent forest reserves.

Najib said Pahang, Perak and Kedah top the list of illegal logging activities being recorded but "the biggest destruction is in Kelantan". He added that in the case of land clearing in Lojing Highlands in Kelantan, the state government had de-gazetted the area, making activities there legal.

"The biggest destruction (of forest) is in Kelantan but the state has circumvented it. I do not know if we can prosecute them as the logging was legal with the state de-gazetting the area," he said.

Earlier this year, The Star broke the story about the lush forest reserves in Lojing being logged almost bare by 22 companies, of which only five had their Environmental Impact Assessment approved.

Najib also asked states to look for new areas to be gazetted for water catchment, adding areas totalling more than 800,000ha had been gazetted for the purpose.